I
GENERAL PROVISIONS
1 These Regulations of Sale ( ” Regulations” ) lay down the terms and conditions of sale of the Licensed Materials, defined below as( “Sale” ) conducted by Beata Duszczyk, ul. Sosnkowskiego 41B/6 , 05-300 Mińsk Mazowiecki , VAT: PL8221496481 entered into the register of entrepreneurs by the Mayor of Minsk Mazowiecki.
2 Definitions used herein have the following meaning:
a) Client – a natural or a legal person who makes or intends to make an order by means of a website, including the Consumer,
b ) Consumer – a natural person who makes or intends to make an order via the website for the purposes not directly related to their business activity or profession ,
c ) Licensed Materials – all still images, films, footage, video, visual images generated optically, electronically, digitally or otherwise and any other products / works protected by copyright. The Licensed Material shall be used only in accordance with definitions of the licenses specific to particular types of Licensed Materials :
• royalty-free materials (photos, shots of films, music, also on CD / DVD)
• Materials rights-managed and right -ready (photos, shots of films )
d ) Invoice – computer generated or in the form of a standard print an invoice issued by a Seller, containing the data of the entity awarding the license, a selected Licensed Material and the corresponding price for the grant of a license (” License Fee “),
e) BoxingPhotos.pl – the website carried out by the Seller
f ) credits – a package of promotional points that can be converted by the Customer to the Licensed Materials.The credits may be purchased in packages on account of advance payment, or granted as a part of promotion .
II
PLACING OF THE ORDER
1 The Seller sells the Licensed Materials, among others, via the Internet .
2 Orders are accepted by telephone and through the website BoxingPhotos.pl
III
Prices
1 The Prices of the Licensed Materials on the BoxingPhotos.pl, packages and subscription prices, as well as credits on the BoxingPhotos.pl are expressed in Polish currency PLN and they constitute net prices (without VAT 23%), however, they can be converted interchangeably into USD or EURO according to the daily exchange rate on the day of transaction.
2 The amount due (plus VAT ) is specified in the order form and pro forma document as well as in payment summary in case of making payments online.
3 The price of a specified Licensed Material is binding upon placing of order by the Customer . The Seller reserves the right to change the prices of goods on offer, to introduce new products to its offer, to carry out and cancel promotions on its website or to change them.
IV
PAYMENT
1 The form of payment for the ordered Licensed Materials, selected by the customer when placing the order is :
a ) bank transfer made on the basis of pro forma document, issued by the Seller and delivered to the customer
b) payment online through PayPal or Stripe system
c) payment by credit purchased on the basis of advance payment
V
EXECUTION OF ORDER
1 The Seller completes the order when he receives the information from the PayPal/Stripe system concerning the payment in case of online payment or after entering the payment into seller’s account in the case of traditional payment by bank transfer. In case of payment by means of prepaid credit, the execution of the order comes automatically after confirming by the Customer the order in the system BoxingPhotos.pl .
2 The purchased Licensed Material will be delivered or made available to the Client :
a) as an attachment to an electronic message sent to the e-mail address provided by the Customer while placing the order
b ) by making the file (s) to download via ftp
c ) providing the address of the website where it will be possible to download the ordered file (s)
3 Placing of an order and making payment is tantamount to the acceptance with the terms of the license agreement appropriate to the Licensed Material selected .
4 Orders placed through an automatic sales system on BoxingPhotos.pl shall be carried out immediately after the registration of payment by PayPal/Stripe or registration of transaction for which the pre-paid credit were used. The deadline for carriyng out orders through other ways shall be agreed with the client by phone or by an e -mail .
VI
COMPLAINTS PROCEDURE AND LIABILITY
1 The customer can file a complaint if:
a)the purchased Licensed Material is found to be defective, or the file is unreadable, or
b ) he or she pays for the Licensed Material, and at the time specified in § 5. 4 the ordered Licensed Material is not available to download.
2 Complaint shall include : name and surname or company name and the address of registered office of the person filing the complaint , as well as a justified reason for the complaint.
3 Complaints should be submitted by e-mail to the address sales@boxingphotos.pl typing in the subject line ” Complaint ” .
4 The Seller will examine the complaint within 14 days of its receipt and then the Seller will inform the applicant about a taken stand on this matter by electronic means before the deadline.
5 The Seller shall consider complaints according to the Rules and laws in force.
6 Having exhausted the complaints procedure the applicant is entitled to seek not covered claims in court. Taking into consideration the law in force in the Republic of Poland, the court having jurisdiction to settle disputes is the court competent for the claimant .
VII
RIGHT TO WITHDRAWAL
1 Customer who is a Consumer is entitled to withdraw from the Sale contract concluded on distance without giving reasons by submitting a proper statement in writing within ten days , determined in the manner specified in the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product .
2 Right of withdrawal from a sale contract concluded on distance is not granted to the Consumer in cases involving visual recordings and recorded on data carriers after the removal of their original packaging by the Consumer (Article 10.3 paragraph 2 of the Act). The Consumer is not entitled to return the purchased Licensed Materials when the product was sold in the form of ” a file to send by e-mail “, ” download file “, due to the nature of the rendreing the service (Article 10, section 3, point 5 of the Act).
3 With respect to the Licensed Materials having the form of an electronic file, the Consumer has not the right to terminate the Contract if:
a) He or she has downloaded the Licensed Material
b ) He or she had the possibility to download the Licensed Material after receiving electronic message from the Seller and its attachment being Licensed material or by providing by the Seller’s the address of the website where the above mentioned material can be downloaded.
VIII
PAYMENT REFUND
1 Payment refund shall be made on the Customer ‘s bank account or onto Customer’s account in PayPal/Stripe in case when the payment for the ordered Licensed Material occurred respectively in the form of a bank transfer made on the basis of pro forma document, issued by the Seller and delivered to the customer, or by credit card.
2 In case of return of the payment to the account of customer who used credit card or PayPal/Stripe account, the amount the customer will receive as reimbursement payment will be reduced by the amount of commission charged by PayPal/Stripe provider specified in the internal rules of the above mentioned operator.
3 Reimbursement of payment for the purchased by Customer credits will be made on the basis of unused customer credits converted proportionally according to the price of a chosen package.
IX
CHANGES IN REGULATIONS
The Seller reserves the right to change the Regulations at any time without giving reasons. The Seller shall inform the customer about the changes in the Regulations by electronic means .